STATE TIMES NEWS
JAMMU: Chief Judicial Magistrate (CJM) Sub Judge Jammu Ashwani Kumar Sharma in his order dated 2nd August, 2017 in the matter of Suit declaration and Injunction and Application for grant of temporary injunction under order 39 Rule – 1 and 2 CPC, filed by Amateur Karate-Do-Association, has temporarily restrained the defendant from holding the elections which is going to be conducted on 6th August, 2017. The CJM has also fixed the next date of hearing as 7th August, 2017.
The plaintiff in this case has challenged the notification of Adhoc body of J and K Olympic Association notification No SC/634/2391-99 dated 16th June, 2017 claiming that the sports association is an independent body and is not subservient to any other body. It is alleged in the plaint that as per the rules and regulations of the plaintiff association, it is only the founder members and active member who are eligible for casting the votes in the election held for constituting body as is stipulated in Rule 6 (II)of the said memorandum. The person nominated by the defendant is neither the founder member nor the member of the governing body of the association as such is not eligible to cast the vote nor can contest election being conducted for holding any office of the association including that of the governing body.
The CJM after hearing the counsel for applicant Advocate Surinder Singh Bunty and after going through the plaint held that ex-facie plaintiff has a prima facie case in his favour and balance of convenience also tilts in his favour and if the injunction is withheld at this stage the plaintiff shall suffer an irreparable loss.
The CJM thus temporarily restrained the defendant from holding the election which is going to be conducted on 6th August, 2017.
